Franz Schröder GmbH & Co. KG v European Union Intellectual Property Office (T-854/19)

Judgment of 2 Jun 2021

law://eu/cjeu/2019/t-854-19/para_42@2026-11-15

42Furthermore, although, in invalidity proceedings based on an absolute ground for refusal, EUIPO is to limit its examination to the grounds and arguments submitted by the parties, that does not, however, preclude the Board of Appeal, in its own examination of the facts, arguments and evidence submitted by the applicant for a declaration of invalidity, from reaching a different conclusion from that proposed by the latter (see, to that effect, judgment of 24 October 2019, Rubik’s Brand v EUIPO – Simba Toys (Shape of a cube with surfaces having a grid structure), T‑601/17, not published, EU:T:2019:765, paragraph 82). In that regard, it follows from Article 71(1) of Regulation 2017/1001 that, through the effect of the appeal brought before it, the Board of Appeal may exercise any power within the competence of the department that was responsible for the contested decision and is therefore called upon, in this respect, to conduct a new, full examination as to the merits of the appeal, in terms of both law and fact (see, to that effect, judgments of 13 March 2007, OHIM v Kaul, C‑29/05 P, EU:C:2007:162, paragraph 57; of 4 March 2020, Tulliallan Burlington v EUIPO, C‑155/18 P to C‑158/18 P, EU:C:2020:151, paragraph 97; and of 28 March 2019, Robert Bosch v EUIPO (Simply. Connected.), T‑251/17 and T‑252/17, EU:T:2019:202, paragraph 27).

Franz Schröder GmbH & Co. KG v European Union Intellectual Property Office (T-854/19)

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